ACCEPTANCE
By placing an order for Guso Inc.’s (GUSO) product and or services, you unconditional agree, without limitation or qualification, to comply and be bound by, GUSO General Terms and Conditions. GUSO may revise these Terms and Conditions at any time by updating this posting on GUSO’S website www.gusoinc.com. By continuing to use GUSO’S products and or services after posting of any such changes, you accept these Terms and Conditions, as modified. There are a variety of special products and services offered through GUSO that may have separate terms and conditions, terms of service, user agreements, or similar legal agreement. All such agreements, terms and conditions, terms of service are incorporated by reference into and made a part of these General Terms and Conditions, except to the limited extent that any such Terms and Conditions, Terms of service are modified. Terms and Conditions contain legal obligations, please read them carefully.
HOW TO ORDER
Orders may be placed online, via phone, fax, email or in-person. You must provide contact information (such as name, email and shipping address) and financial information (such as credit card number and expiration date). This information is used for credit card authorization and to fill your orders. If we have trouble processing an order, the information is used to contact you. You are responsible for providing ready to print artwork or you may request for graphic design services. Graphic design service fees are additional. Product prices do not include artwork/ design services, shipping, and tax and set-up fees. Once an order has been approved by you and is already “In Production”, no changes are allowed to the artwork files, job characteristics, or turnaround time.
ORDER ACKNOWLEDGEMENT
All orders are acknowledged promptly via email. Please review the acknowledgment carefully and advise immediately by email or phone if there are any discrepancies or variances from your original instructions. GUSO will not be held responsible for discrepancies brought to your attention.
PAYMENT/TERMS
If you submit a request to purchase GUSO’S products/services, you agree that all charges, taxes and shipping/handling fees will automatically be charged to your credit card or paid by you with an approved payment method. We require each order to be fully paid in advance before we process an order. Please note, no work will start on any order /service until full payment is received by GUSO. All orders not pre-paid will require requesting or having on file approved credit. Credit Accounts – if you desire a credit account, a credit application/agreement must accompany or precede your order. If you wish to process immediately, please charge your order to your credit card.
PAYMENT METHOD
Approved payment methods include any of the following methods:
1. Credit Card: Simple and safe. Your credit card information is deleted upon successful completion and fulfillment of the transaction. We accept VISA, MASTERCARD, AND AMERICAN EXPRESS. The following information must be provided to ensure proper billing and order acceptance. Type of credit (VISA, MASTERCARD or AMERICAN EXPRESS), Account Number, Expiration Date, Name as it appears on the credit card and Billing Address of credit card. 2. Cash: in person or through direct deposit to GUSO’Sbank account. 3. Check/ Money Order: work on your order will not begin until your check is received. Returned/unpaid checks will incur a fee of $25 and the customer will lose check payment options. 4. Credit Account: Credit accounts are Net 15 days, large dollar volume sales require special arrangements. Interest on past due balances is 18% per annum or 1.5% per month. Client shall also be fully responsible for any collections and efforts made to receive full payment. We reserve the right to refuse any further orders until past due balances are paid.
Personal Checks
- All checks are held for 10 business days. Orders placed with a check will be held for 10 business days. Once 10 business days is complete, the order will be released and shipped.
- All returned check will be charged a $25 USD return check fee.
- Counter checks will not be accepted.
- Checks and money orders must be sent in US funds.
PRODUCT QUANTITY
Less Than Minimum– A less than minimum quantity fee will apply to products ordered with quantity less than the minimum required. The fee varies per product.
Over/Under Runs – GSO reserves the right to over ship or under ship any order up to 5 % of the quantity specified in the order. Every effort will be made to prevent shipping on orders. To ship Exact Quantity-(No over or underruns) you must indicate so on your order at the time of order submission. Additional fees may apply.
TURNAROUND TIME
Production can take anywhere from 48 hours to 4 weeks depending on product/service and varies per product/services. Normal standard production for most items is 7-10 business days. If you require an in-hand date, you may request for rush service and indicate the in-hands date in your order. Rush Services fees vary per product/service. Turnaround time begins when we have received your print-ready file(s), and artwork approval and full payment and not from when the order was first submitted. Please note, for orders that do not have print-ready files provided or if we are unable to use your files because they do not conform to our file requirements, your order status will return to “Need Artwork” and your turnaround time will reset. For orders that full payment has not been received will reset your order status to “Need Payment”. You, the customer must submit all necessary materials, payments and proof approval in a timely fashion. GUSO will not be responsible for any order and/or services not completed by the due date due to your negligence in providing materials, e.g. pictures, proof approval, and payment.
If your proof is approved by 9:00 A.M. EST, turnaround time begins that business day. For example, a job for a three-day turnaround that you approved by 9:00 A.M. EST on Tuesday will be shipped out to you by end of business Thursday. Please note that there is no production or shipping on Saturdays, Sundays and Holidays. As a result, these days are not considered when calculating turnaround time. In addition, Production Turnaround does not include design, mailing, or shipping transit times, and you should allow additional business days for delivery based on the shipping method you selected. The estimated production turnaround advertised is based on the typical number of hours or days that an order is completed under normal circumstances, excluding Saturdays, Sundays and holidays. Orders with rush turnaround placed on Saturdays, Sundays or Holidays will be processed on the next business day. Please note orders received after 10 am EST are considered received on the following business day. Cancellation of an order based on turnaround time is only allowed if you indicated in writing (e.g., note posted to order) when placing your original order that your order is time sensitive and must be shipped by target date based on turnaround option selected. Blank Goods will ship within 2-3 days as items are available.
SHIPPING CHARGES
All shipping is currently done via carriers such as FedEx or UPS. Shipping charges apply to all orders and rates vary. You are fully responsible for all shipping charges incurred. When choosing a shipping option, please remember that the estimated shipping transit time is based on the number of business days in transit and does not include weekends, holidays or the day the package is picked up by shipping service provider. Shipping transit times vary, and GUSO. assumes no responsibility for delays caused by shipping carriers, weather or any damages resulting from the failure to receive an order on time. Your order may arrive late due to unforeseen delays in delivery service, the breakdown of equipment, illness, etc. GUSO’Sresponsibility is limited to preparing and producing your order and turning it over to the carrier for shipping. GUSO is not liable for damages which occur during shipping. Pick up orders will be kept for 30 days from the delivery of the pick-up notification email. If the order has not been picked up from GUSO’S facility within 30 days, it will be recycled. We cannot ship to P.O. Boxes or APO/FPO. SPLIT DESTINATION SHIPMENTS – Split shipments is available if you wish to ship to more than one destination within one order. Additional shipping fees will apply. Please indicate split shipment request and information at the time order submission. EARLY SHIPMENT- GSO reserves the right to produce and or ship your order earlier than your requested ship date(unless you expressly states, “DO NOT SHIP EARLY”) GUSO cannot be held responsible if you want to make changes to an order that has already been produced and or shipped early.
TARGETED DEADLINES AND DATES
We agree to work expeditiously to complete your order within the set days given. You must indicate when placing the original order that an order is time sensitive and must be received by targeted date based on turnaround option selected. Target arrival dates are calculated by adding the turnaround time to the shipping transit time.
The cut off time for accepting files is 9:00 A.M. EST. If your files are in by that time, we will commit to producing and shipping your product within the selected timeframe.
Please understand that target arrival dates are estimates, not guarantees. While we will do everything in our power to meet your target arrival date, weather and other occurrences beyond our control may impact our ability to meet that date.
SAMPLES
Samples are free but you may be required to pay for freight.
SALES TAX
GUSO charges sales Tax for orders received from and delivered within the state of New York unless you are tax exempt. Tax-Exempt Customers – If tax was charged on your order and you would like to claim tax-exempt status, you can request an adjustment for the amount of sales tax charged by sending in the documentation of your tax-exempt status. Before or after placing your order, please fax a copy of your tax-exempt certificate along with your order number to the attention of the Credit Department at 888.364.6329. After receiving your certificate, we will send you a confirmation email.
GRAPHIC DESIGN SOLUTIONS
Graphic Design fees will apply to all orders where a customer does not provide approved ready to print artwork. We offer Graphic Design Services. See GUSO Graphic Design chart for rates. All graphic design fees must be paid in full before any work can commence. Graphic Design fees are non-refundable once work is completed and must be paid. Cancellation after work commences is 40% of the original design fee.
When graphic design service is requested, an initial proof will be created and shown to you for approval. Initial design concepts turnaround time is 1- 5 business days of your initial order provided all content and information needed from you is complete and received. You may approve art for production after review or request for changes /corrections. Your first two revisions requests are free; each additional request will incur a fee of $20 per request per item. Request for layout and or overall design change will incur a new design fee, see Graphic Design Rates.
GUSO does not guarantee that your design will not have similarities to other designs designed by GUSOfor other parties. You are obtaining no right or claim of any kind to any design and/or design element not owned or provided by you.GUSOretains all rights to all designs and may use designs for other parties in the future, etc. Royalty free use(s) and exclusive rights to any design/artwork are available by permission only, additional fees will apply.
Customer may not use any designs created by GUSO without the written permission of GUSO.
You unconditionally represent and warrant that you have all appropriate and necessary rights and authority to create and use any image you provide to GUSOand that your use of image/logo will not infringe any trademark, copyright, or other rights of any other party. Scanning Fees- scanning fees will apply to any project requiring normal image scanning.
If your Design Solution order involves the development of a logo design, you acknowledge and agree to the following:
1. GUSO is only providing logo design services and has no obligation or duty of any kind to provide any legal advice or other services to you regarding the logo or to perform any trademark clearance search or any other inquiry of any kind related to the logo. It is solely your responsibility to determine if the logo is suitable and appropriate for your use and to obtain the advice of an attorney regarding whether the logo is legally available for your use and does not infringe the rights of another party.
2. GUSO does not guarantee that your logo will not have similarities to logos designed by GUSO for other parties. You are obtaining no right or claim of any kind to any individual design element or elements of the logo design projects for other parties in the future, etc. Upon full payment receipt, GUSO will make the logo image/artwork available to you for your royalty-free use. The logo artwork will be made available to you in a mutually agreed format. GUSO reserves the right to display the logo in GUSOadvertising, promotional, and corporate materials related to its logo design services. You unconditionally represent and warrant that you have all appropriate and necessary right and authority to create and use any and all images you provide to GUSO and that your use of the image will not infringe any trademark, copyright, or other rights of any other party.
ARTWORK REQUIREMENTS / PROOFS
Customer is responsible for providing ready to print artwork. Accepted formats include PDF’s, JPEG with min. 300dpi. We will inform you upon receipt of your artwork via email if the art does not meet our requirements. If your artwork does not meet our requirement, you may request for graphic design services. See GUSO Graphic Design Services chart for rates. Although GUSOchecks all submitted artwork files before production, you are still 100% responsible for the accuracy of your print-ready artwork files, and we encourage you to proofread all files carefully before submitting to GUSO and approving your order. When sending your artwork separately from the time of order submission, always include your order number. GUSO uses a special proofing system to send out proofs. Customers wishing to receive proofs in any other way shall be charged a fee of 50% of the normal designed fee rate for that item.
A proof will also be emailed to you through our proofing system for your review after we receive your uploaded or emailed file. Actual time will vary depending on our current workload. No job will be sent to production without your approval unless waived. We are not liable for delays in the order caused by your non-approval of proof. It is your responsibility to check and approve your proof(s). You are fully responsible for all that is contained in the final approved proof. For an order to proceed to production, GUSO must receive approval of artwork/proof. Once a proof has been approved by you and “sent to production”, no changes are allowed to the artwork files, job characteristics or production turnaround.
An emailed proof is by no means an accurate color reproduction of your final printed product but is the final opportunity for you to check the layout, bleeds, crops and final text. Electronic proofs do not show an exact color match. The proof must be treated as independent from the original submitted file and thoroughly reviewed prior to approval. It should be checked against the original file for possible errors in layout, copy, spacing, punctuation or image placement. GUSOoffers hard copy proofs which show reasonable likeness to the final produced product. Such proofs are recommended for color-critical art and must be requested when the order is made. The request for a hard copy proof may involve an additional fee and would extend the amount of time needed to complete the job. By submitting the artwork to GUSO, you certify that you have the right to use the image(s) in your artwork files.
Under these Terms and Conditions, you agree that you will NOT Submit any artwork /files consisting of the following material: offensive, indecent or improper material, and any material that could infringe rights of privacy, publicity, copyrights or other intellectual property rights without the permission of the owner of these rights and the person(s) who are shown in the material if applicable. We will refuse an order, which in our opinion may be illegal in nature or an infringement on the rights of any third party. You accept full legal liability for the content of material processed and produced on your behalf.
RIGHTS AND OWNERSHIP
All artwork and designs created by GUSO including all preliminary designs, proofs, artwork redesigns or modification belong solely to GUSO except for specific elements such as photos/logos.GUSO retains full rights, including reproductions rights and privileges to all designs and work. You are obtaining no right or claim of any kind to any individual design and design element not owned or provided by you. External usage and alterations to artwork are not permitted without the written permission of GUSO. After acceptance of the artwork, if alterations are required, additional fees will apply.
Unless a purchase of “All Rights” (A Buyout) is negotiated, you may not use or reproduce our designs or the images for any purpose. If you wish to use the design we have created and/or the images within it for another purpose or project, including a reprint or exhibition, you must contact us to request for permission, additional fees will apply.
COPYRIGHT AND TRADEMARKS
GUSO guarantees that the work created for our customers does not copyright infringe to the best of our knowledge and belief. You unconditionally guarantees that any, photos, logos, trademarks, or other artwork (ready to print file art) furnished to GUSOfor inclusion on the product or service are owned by you, the customer, or that you have permission from the rightful owner(s) to use each of these elements, and will hold harmless, protect and defend GUSO from any claim or suit arising from the use of such elements furnished by you.
You acknowledge that all content included on our websites, including, without limitation, the information, data, software, photographs, graphs, typefaces, graphics, images, illustrations, maps, designs, icons, written and other material and compilations (collectively, “Content”) are intellectual property and copyrighted works of GUSO and/or various third-party providers (“Providers”).
CORPORATE IDENTIFICATION AND TRADEMARKS
“GUSO” and any and all other marks appearing on our websites are trademarks of GUSO. You may not use, copy, reproduce, republish, upload, post, transmit distribute or modify the Trademarks in any way, including in advertising or publicity pertaining to distribution of materials on our websites, without GUSO’S prior written consent. If you are seeking permission to use GUSO trademarks, logos, services marks, slogans, copyrighted designs, and other brand features, please send your request to info@gusonyc.com.
RIGHTS TO PROMOTIONS
GUSO reserves the right to use any design/products produced by and or through GUSOin displays, catalogs, flyers, advertisement, and other promotional use. GUSOalso retains the right to reproduce, publish and display products /designs in GUSO’S portfolios and websites, and in galleries, design periodicals, and other media or exhibits, and to be credited for work /services we provided. All the materials we create in producing your printed product are the property of GUSO. Although these materials will NOT be sold or given to any other party, we reserve the right to distribute free samples of your printed product/service. Please note that your printed product or images used for your product will not be used in any national advertising without your prior written consent.
We reserve the right to photograph and/or distribute or publish for our firms promotional and marketing needs any work we create for you, including mock-ups and comprehensive presentations, as samples for our portfolio, newsletter, brochures, slide presentations, and similar media.
All designs /products printed and produced by GUSO may be labeled with GUSO’S logo and contact information unless otherwise requested by the customer. A fee of $10.00 minimum may apply. All designs shown in our design gallery/product samples do not represent an endorsement of any person or company. They are shown for illustrative and promotional purposes only.
CANCELLATIONS
GUSO is committed to our customer full satisfaction, and we will do everything possible to ensure that you are completely satisfied with your order. However, if you wish to cancel, orders may be canceled by the customer at any time, before an order has been put into production. We require a written request stating the reason for order cancellation faxed or emailed to our office. Any canceled service order will be billed for the work completed prior to cancellation. Since each order is unique to customer and has no resale value, there are absolutely no refunds for cancellations after orders have gone into production and/or have been fully processed.
RETURNS/ REFUNDS
All shipments should be thoroughly inspected upon delivery. GUSO must be notified within 7 days of any defects, omissions, or errors in the final product. GUSO is NOT LIABLE for errors caused by any of the following reasons:spelling, punctuation, or grammatical errors made by the customer, Inferior quality or low-resolution of uploaded images /pictures, design errors or color selection errors introduced by the customer in the artwork file creation process, errors in user-selected options such product type, size, finishing options, or quantity, duplicate orders by the customer, Incorrect shipping address, undeliverable packages/3rd delivery attempts, or other errors created by the customer, mistakes and errors in file that are signed off by customer, orders that contain customer errors in their art-ready file. While we do try to notify our customers of any glaring typos or layout problems, we cannot be held responsible for content errors in files that were provided to us by customer. If we verify that we have made an error, we will re-run the order at no charge to you or give you a credit or refund. Only authorized returns will be accepted. In order to receive refund, credit or replacement product, we reserve the right to have you return 100 % of the defective order, at your cost, before reprinting, reproducing, refunding or crediting your account. For product replacement request, we will rerun the order with the original approved file and turnaround time and send them out via the same paid shipping method. Shipping is non-refundable. For re-runs when the error is yours, you will be eligible to receive a 15% courtesy discount. No returns or claims will be authorized after 7 days from ship date.
Claims for lost or damaged goods should be filed directly with the delivery carrier. Leave shipment intact and file a claim with the carrier immediately. We will not reprint orders damaged or lost by the shipping service provider. Our refund policy is limited to reprint of the original order quantity or credit/refund of the purchase price of the order. We are not responsible for any damages or claims incurred by you or your business. Our refund policy does not cover fees charged for graphic design, proofs and other services associated with an order as well as merchant bank fees on credit card transactions.
LEGAL DISCLAIMER
Though we make every effort to preserve user privacy, we may need to disclose personal information when required by law wherein we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order or legal process served on our website.
THIRD PARTY INTERMEDIARIES
We use an outside shipping company to ship orders, and a credit card processing company to bill users for goods and services. These companies do not retain, share, store or use personally identifiable information for any secondary purposes.
MAILING SERVICES
Mailing lists submitted or provided by us for the purpose of list mailing services, or any other service is your exclusive property and shall be used only according to your instructions. We shall provide reasonable and prudent protection against the loss or accidental or intentional dissemination of a customer’s list, in much the same manner that you would itself. Lists submitted for mailing services are retained for 30 days from the date of mailing, then deleted unless otherwise requested. We will, not for any reason or amount of money, sell or otherwise disseminate your list, nor use your list for any purpose other than for the services you requested. All mailing delivery dates are estimates, not guarantees. GUSO responsibility is limited to preparing your mailing and completing delivery to the U.S. Postal Service (“USPS”). GUSOresponsibility ends when the job is delivered to the US Postal Service Business Mail Entry Unit. In no event shall GUSO be liable for USPS performance failures or delivery delays. GUSO shall be liable to rectify printing and mailing errors only to the extent of re-mailing a correction or corrected job as soon as possible, and allowable damages shall be limited to the value of the printing work performed. In no case is GUSO liable for loss of business; incidental or consequential damages; or costs in excess of billing for services related to the specific job. The customer will defend and hold GUSO harmless in any suit or court action brought against by others for alleged damages, costs, expenses (including reasonable attorney’s fees), liabilities or losses resulting from circumstances where, acting as the customer’s agent, uses copy, photographs, or illustrations that are believed by others to be degrading, libelous or harmful to their reputations, images, or standing in the community or which in GUSO sole judgment is an infringement on a trademark, or trade name, or service mark, or copyright belonging to others.
PASSWORDS
Upon registering for an account on any of GUSO’swebsite(s), you will also set-up a password and unique User ID. You are responsible for maintaining the confidentiality of the password and User ID and are fully responsible for all activities that occur under your password or User ID. You agree to (a) immediately notify GUSOof any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. GUSO cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement.
LINKS / ADVERTISEMENT
GUSO’S websites may contain links to other sites and advertisements from our clients, partners, and associates. Please be aware that we are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave any of our sites and to read the privacy statements of each and every website that collects personally identifiable information. This privacy statement applies solely to information collected by our websites. Any concerns regarding such service or resources should be directed to the particular outside service or resource provider.
USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
All comments, feedback, suggestions, and ideas disclosed, submitted or offered to GUSO’Svia email, fax or online at any of GUSO websites (collectively, “Comments”), shall become and remain the exclusive property of GUSO. The Comments may be used by in any medium and for any purpose worldwide, without obtaining your specific consent and you relinquish all rights to such Comments. GUSO is not under any obligation to maintain your Comments (and the use of your first name and first initial of your last name with any comments) in confidence, to pay to you any compensation for any Comments submitted or to respond to any of your Comments. You agree you will be solely responsible for the content of any Comments you make.
GUSO’S WEBSITES DISCLAIMER OF WARRANTIES
GUSO’S WEBSITES, INCLUDING ALL CONTENT, FUNCTIONS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH OUR SITES, IS PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. GUSO DOES NOT WARRANT THAT OUR WEBSITES OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS.
INDEMNITY AND RELEASE
By using GUSO’S products/services, you agree to indemnify GUSOand its subsidiaries, affiliates, officers, employees, and hold them harmless from any and all claims and expenses, including attorney’s fees, arising from your use of GUSO’S web sites, your use of the products and services, or from any person’s use of any account or password you maintain with GUSO, regardless of whether such use is authorized by you.
MISCELLANEOUS
The captions in these Terms and Conditions are only for convenience and do not, in any way, limit or otherwise define the terms and provisions of these Terms and Conditions. None of the Covered Parties are responsible for any errors or delays in responding to a Request caused by an incorrect email address provided by you or other technical problems beyond their control. If any provision of the Terms and Conditions is held to be invalid or unenforceable by a court of competent jurisdiction, then such provision shall be enforced to the maximum extent possible so as to effect the intent of the Terms and Conditions, and the remainder of the Terms and Conditions shall continue in full force and effect. The failure by either you or GUSO to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. You agree that any cause of action arising out of or related to these Terms and Conditions must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. All provisions in the Terms of Use regarding representations and warranties, indemnification, disclaimers, and limitation of liability shall survive the termination of the Terms and Conditions.
PRIVACY POLICY
GUSO is committed to maintaining the confidentiality of our customers. We do not share, sell, or otherwise disclose information about our clients to any other party except as required to process and ship purchases. Please visit our privacy page for more information.
• Information Collection: GUSO collects information from our users at several different points. We use this information to improve the customer experience.
• Special Offers and Updates: Customers will occasionally receive information on products, services, special deals, and a newsletter. Out of respect for the privacy of our customers, we present the option to not receive these types of communications. If you do not wish to receive future emails, send us an email.
• Notification of Changes: If we decide to change our privacy policy, we will post those changes to this privacy statement on the homepage and other places we deem appropriate so our users are always aware of what information we collect, how we use it, and under what circumstances if any, we disclose it.
GOVERNING LAW
The internal laws of the State of New York shall govern the performance of these Terms and Conditions, without regard to such state’s conflicts of laws principles. You consent to the exclusive jurisdiction and venue of the courts located in Staten Island, New York for all disputes arising out of, or relating to, these Terms and Conditions.
CHANGES TO GUSO, INC.’S WEBSITES
We reserve the right, for any reason, in our sole discretion, to terminate, suspend or change any aspect of our websites including but not limited to content, features or hours of availability. We may impose limits on certain features of our websites or restrict your access to part or all of our websites without notice or penalty.
